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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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The problem is, despite a nice theoretical difference between (1) landlord liability for hidden defects at the time the tenant entered the premises, which the landlord is deemed to know ("warranty of fitness"), and (2) liability for hidden defects that arise during the tenancy, which the landlord is deemed to know only if discoverable in the exercise of reasonable care ("duty of repair"), how can one tell when the hidden defect actually developed? If it developed after the tenant took possession, how can one tell whether it was discoverable by the landlord in the exercise of reasonable care? Given the difficulty of these questions, perhaps the really significant question is: who should have the burden of proof as to constructive notice, landlord or tenant?